Overview
We recommended that you talk to a lawyer before taking any steps.
Court of King’s Bench applications and orders:
- describe what an applicant (ie, the person making the application or order) is asking for
- provide a court date and location
Determine your response
Some of the applications or orders you’ll need to respond to include:
- Emergency Protection Order
- Restraining Order Without Notice
- Divorce Act Application
- Originating Application
- Family Law Act Application
If you’ve been served with an application or order that’s not mentioned above, you can follow the steps below to respond.
If you agree with what the applicant is asking for
You don’t have to fill out any forms, except in the case of guardianship applications. However, we recommended that you still go to court.
If you don’t agree with what the applicant is asking for
File an Affidavit in Response.
How to file an Affidavit in Response
Step 1. Fill out the forms
Fill out the Affidavit in Response form, in addition to any other forms.
Have your affidavit sworn by a commissioner for oaths.
Step 2. Copy your documents
Make 2 copies of the affidavit and all your evidence.
Step 3. File your forms
File the forms at the Court of King's Bench.
The clerk keeps the original and stamps your copies.
Step 4. Serve your affidavit
The affidavit can be served to the applicant by bringing or sending the copy to the:
- lawyer's address
- applicant's address, if the applicant doesn’t have a lawyer
You cannot serve the affidavit to the applicant yourself. You’ll have to get someone else to bring or send the copy to the applicant or their lawyer.
The person who serves the affidavit must fill out an Affidavit of Personal Service form.
Step 5. File the affidavit with the court
File the Affidavit of Personal Service with the court.
Step 6. Go to court
Attend the court hearing that’s listed in your Notice of Hearing on the designated day, at the appropriated time. Bring both copies of your forms and documents.